Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Money matters

Find financial and money-saving discussions including debt and pension chat on our Money forum. If you're looking for ways to make your money to go further, sign up to our Moneysaver emails here.

Could do with some advice re time off during pregnancy

10 replies

Lazylou · 16/01/2008 11:45

Hi. Didn't want to hijack the other thread going at the moment, but it has prompted me to ask a question which has been bothering me for a while.

I was working full time throughout the first three months of my pg until I was signed off with ante natal anxiety/depression. I duly sent in my certificate to my employer. I was then signed off for a further week with the same complaint, so agian sent the certificate in. Following this week, I was given a further 10 days off. I was unable to return to the doctor so went back to work for 1 day but the anxiety was so bad, I had a panic attack and had to be taken back to the out of hours doctor. I suffered terribly with them.

In all this time, I did not hear from my employer, despite sending her the certificates. I was unable to travel into work to give them to her, and it was largely the place that was making me feel so miserable, so was advised by the dr to send them, rather than going directly there and facing it.

I heard from a supervisor that I had been sacked, but later heard from another supervisor that I had not been sacked, but my employer hadn't heard from me and therefore was assuming that I had left.

In the meantime, we ran out of money and I mean we were really suffering. I thought that I would recive SSP for the time off I had had, but my boss was saying that I couldn't have it because according to her, I didn't send in my certificates and she had no way of proving I was signed off and therefore entitled to it.

I have been without money since November and obviously the bills are mounting up. This has contributed to my anxiety and depression and in the end, didn't feel able to contact her, which I know was wrong, but this pg has been so up and down anyway, I just didn't want to be made to feel any worse than I already was.

Previously to this, I asked if I could reduce my hours to 4 days instead of 5 and was told it would be looked into. I am doing a vocational degree which means I have to work at least 16 hours a week. However, since November, I have not worked at all.

My friend who is also a supervisor spoke to my boss and asked if she would consider having me back to work (bearing in mind I haven't been sacked) and she said no, because as far as she was concerned, I just failed to turn up for work. She did say she would consider it if I could get a letter from the dr giving exact times and reasons as to why I was signed off. She also wants duplicate certificates for the entire time, and having spoken to my dr to ask about this, have been told that this is not happening. It is not something they do. I appealed to him with a letter and literally begged him to do it, but he is standing firm.

I decided to look for alternative work, but at 21 weeks pg, nobody is interested. I applied for a job which would have suited me well. The owner of the nursery phoned me on Saturday night to ask if I was interested, having left my details and when I called her yesterday, she told me that she meant to tell me the job was for someone unqualified. I know, because she categorically stated that the job was for a part time qualified deputy manager, so can only put it down to the fact that I am pg.

To date, I have not heard directly from my boss nor have I received a p45 from her, so I don't really know where I stand.

If you got this far and have any idea what it is I've been rambling on about, then thanks and any advice would be greatly appreciated.

OP posts:
Lazylou · 16/01/2008 11:54

Anyone?

OP posts:
flowerybeanbag · 16/01/2008 11:55

back in an hour or so will read properly then

puffylovett · 16/01/2008 11:59

hi there, what a shit situation, you poor thing ?

i can't really offer any advice legal or otherwise TBH, just wanted to bump for you.

However, in disputes i have had in the past, i have always found ACAS to be really good with advice, so it would be worth giving them a call on 08457 474747.

best of luck to you

TheGiftedandTalentedGoat · 16/01/2008 12:01

flowerybeanbag will sort you out. but you really need to talk to work directly to sort this out. sorry you are so ill.

flowerybeanbag · 16/01/2008 13:12

Lazylou a few questions

How long have you worked there?

Was your depression pregnancy-related, ie was it because you were pregnant that you were ill or would you have been anyway?

When you were initially off sick, can I presume you were at that point making contact with your boss, phoning in sick, letting her know you were going to the doctor, telling her you had been signed off for a week, then another week, then 10 days? You mention about not hearing from your boss, which is not good practice obviously, but were you making regular contact yourself other than sending in certificates? If your employer has a sickness absence policy it probably states that you must make regular contact.

Having said all that, obviously you have been treated appallingly. You mention talking to various different supervisors who seemed confused about whether you were dismissed from work or not. Did you at any point speak to your own supervisor to get clarification? You should have done if not but either way I think it would be reasonable of you to assume you have been dismissed from work.

If you have been there less than a year you don't have the right to claim unfair dismissal unless your dismissal could be considered discrimination. If your illness is pregnancy-related and you were dismissed because of that, then that would be sex discrimination. Even if it isn't directly pregnancy-related, mental illness such as depression can come under the Disability Discrimination Act and could still be discrimination.

Have you any reason to believe that all these sick notes could possibly have gone missing in the post? Seems unlikely doesn't it. It sounds like your boss is using that as an excuse for not paying you and getting rid of you tbh.

About the doctor not issuing duplicates, I don't know the ins and outs but that does sound likely. However I do think he could write a letter (even for a small fee) to your employer just stating that you were signed off sick for x amount of time for (pregnancy-related) depression and certificates were issued. I would consider making an appointment and being fairly insistent on that, as it will make a big difference to you and presumably will help towards improving your anxiety, which he should want.

My advice initially would be to write to your boss, send it recorded delivery so there is no question about whether it is received or not, to find out exactly what her position is. If you can give me some answers to the questions I have asked in this post, I can help you with what to say. Also make another appointment with your GP and be quite insistent about him writing a letter confirming your sickness, a lot rides on it and it is contributing to your depression.

Regarding the other job you applied for. It does sound as though you may have been discriminated against there as well. You have the right to challenge recruitment decisions where you feel there might have been discrimination, so have a think about whether you would like to do this or not. You may decide that with everything on your plate and considering your illness you might want to leave it and focus on the issues with your current/ex employer, but have a think.

Lazylou · 16/01/2008 14:44

Thanks for that. I have worked there for less than a year and my illness was pregnancy related, worries about how we would cope, dealing with my own anxieties about being pg again following a mc. I have, in the past suffered with depression before and been on ADs but I have been off them for a couple of years and things seemed to be getting better, it was just the usual pg worries getting me down to the point where I was considered to be unwell to attend work.

I have to admit and say that I did phone in for the first three days of my illness and also informed my boss that I would be visiting the doctor with a view to being signed off work. I then didn't ring again, which I know I should have done, but I did write letters in which I sent my certificates.

With regard to the supervisors, I am answerable to all of them so I was taking what they said to me as gospel. My trouble is that I am rubbish when it comes to confrontation and rather than dealing with the issue in the appropriate manner, I stuck my head in the sand and tried to ignore it. I know it's my fault but I think I will take your advice and write to her, sending it recorded delivery to see what happens regarding her position. If it's a thing she doesn't want me back then I could live with it but at least I would have my p45 and could go and sign on, at least to have some money coming in.

OP posts:
flowerybeanbag · 16/01/2008 14:51

will come back a bit later today and give you some wording, in a rush again now!

flowerybeanbag · 16/01/2008 19:30

Say something like

----
With reference to my recent pregnancy-related sickness absence, I have heard from x and x conflicting information regarding my employment status. I am writing to request clarification on this.

I understand you have not received any of the [number] medical certificates I sent in to you covering my pregnancy-related absence, and as a result you are refusing to pay me the statutory sick pay I am entitled to. I find it difficult to believe that all of them went astray and if so, you at no point felt it necessary to contact me, explaining that you had had no medical certificates and asking for them.

However I am in the process of contacting my doctor to request him to write to you confirming my absence on pregnancy-related grounds.

If I do not hear to the contrary from you within (for example) 2 weeks, I will have no alternative but to consider myself dismissed and will have no alternative but to draw the conclusion that my dismissal is a direct result of my pregnancy-related sickness. I am sure you are aware that to dismiss someone as a result of pregnancy-related illness, regardless of length of service, is sex discrimination.

I look forward to hearing from you with regard to how you would like to take this situation forward.
-----

Something along those lines.

Lazylou · 16/01/2008 19:34

Ooooh, sounds brilliant! Thanks flowery! I am off to write it up now. Thank you so much for your advice, I really appreciate it and now feel a lot more 'at ease' about getting in touch with them.

Thanks again, you're a star!

OP posts:
flowerybeanbag · 16/01/2008 19:39

No worries, hope you get somewhere with it

New posts on this thread. Refresh page
Swipe left for the next trending thread